Judge: Forcing states to enforce federal immigration laws violates the Tenth Amendment

A federal judge dismissed a lawsuit filed by the Trump administration challenging Minnesota’s state and local “sanctuary” laws, policies and ordinances, reported Courthouse News Service.

In the 56-page order, Chief U.S. District Judge Eric Tostrud said forcing state and local officials to enforce federal immigration law violates the Tenth Amendment of the U.S. Constitution, which establishes a balance of power between federal government and individual states.

Though the Trump administration argued state law was preempted by a federal statute allowing local officials to enforce immigration laws under formal agreements, Tostrud rejected that claim.

“This statute does not require a state or any of its political subdivisions to enter into this type of agreement; these agreements are voluntary,” Tostrud wrote, also ruling immigration detainers are requests, not mandates. “At the same time, the statute does not forbid a state or any of its political subdivisions from voluntarily cooperating with the United States.”

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